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HomeMy WebLinkAboutItem B: Process Session ECC UGENE ITY OUNCIL AIS GENDA TEM UMMARY Work Session: City Council Process Session Meeting Date: June 20, 2011 Agenda Item Number: B Department: Central Services Staff Contact: Keli Osborn www.eugene-or.gov Contact Telephone Number: 541-682-5406 ISSUE STATEMENT This work session is part of an ongoing opportunity for the City Council to discuss how it conducts its business. The council meets periodically to talk about its processes and operating agreements. BACKGROUND The council in 2010 held process sessions in June, August and October. The Mayor, individual councilors and staff have identified the following items for discussion at this meeting: -Proposed changes to Operating Agreements -Check-in on communication with constituent contacts and the Public Service Officer (PSO) -Intergovernmental Relations (IGR) Committee motions and recommendations -American flag protocol and addition of the Pledge of Allegiance at council meetings -Emergency procedures (e.g., guidance for City Hall occupants in the event of a natural disaster) -Boards, Commissions, and Committees – processes and policies Proposed Changes to Operating Agreements The council’s operating agreements were last revised in February 2008, when the Council Committee on Intergovernmental Relations (IGR) operating agreements were incorporated into the document. Since that time, changes to several council practices and organizational structure warrant council consideration of additional revisions. The following is an outline of the substantive changes proposed by staff. Section 1.05 Public Forum –This section states that the Public Forum shall not exceed 60 minutes without a vote of the council. Current practice has been to allow three minutes of testimony per speaker until all speakers have been heard. Staff recommends revising this clause to reflect current practice. In the same section, staff is directed to shuffle the “request to speak” forms when a large number of people sign up to speak, a practice that is currently not in use. Contingent on the council’s decision regarding the 60-minute limit for testimony, the council may consider removing this paragraph. Section 1.06 Public Hearings – This section has been changed to reflect the council’s practice of conducting public hearings on the third Monday of the month. Section 1.07Executive Sessions – This section has been changed to acknowledge that the council is responsible for evaluating the performance of three employees. \\Cesrv500\cc support\CMO\2011 Council Agendas\M110620\S110620B.doc Section 3.04Committee Reports and Items from Mayor, City Council, and City Manager – Suggested language has been added to this section, recognizing the recent changes made to the “Committee Reports” format. Section 6.03Standing Advisory Bodies to the Council – This section has been updated to include the Sustainability Commission, Civilian Review Board, and Toxics Board. Section 7.02 Other Meeting Guidelines – The paragraph dealing with comment times has been revised to reflect the current practice of maintaining a three minutes-per-speaker limit for each round of council comments. Check-in on communication with constituent contacts and the Public Service Officer (PSO) At the August 2010, process session, the council discussed processes for PSO response to constituent contacts and reporting to the council. The PSO report format has been modified to include more information including an identified “outcome” field, and the report is sent to the council every two weeks. PSO response procedures also have also been adjusted and staff would like feedback on whether these changes are meeting the council’s needs and if there are additional requests or suggestions. Intergovernmental Relations (IGR) Committee Motions and Recommendations This item is to address the process by which the IGR Committee arrives at its recommendations on proposed legislation. Currently, when an IGR Committee member makes a motion to change a staff recommendation and does not receive a second, that motion dies for a lack of a second. The staff recommendation then stands. This is an opportunity for the council to discuss whether it wants to continue using this format, or consider a change to something different. American Flag and Pledge of Allegiance At the close of the council’s October 2010 process session, Councilor Mike Clark requested that staff place the question of whether the council would like to begin administering the Pledge of Allegiance at meetings. The United States and State of Oregon flags are displayed in the Council Chamber, but currently not in the McNutt Room. A quick survey of a few other jurisdictions shows that the Springfield City Council conducts the Pledge of Allegiance at every regular meeting, but not at work sessions; the Portland City Commission does not conduct the Pledge; the Salem City Council conducts the Pledge at every meeting; and the Lane County Board of Commissioners does not routinely conduct the Pledge, though the board did so at the most recent State of the County event. Emergency Procedures Staff from Risk Services will provide information on what to do in the event of an emergency, both specific to City Hall occupants and general safety/preparedness tips. Boards, Commissions, and Committees – Processes and Policies BCC Interview Process For the BCC interviews conducted on May 24 and 25, candidates were given the opportunity to present their qualifications and reasons for interest in serving at the onset of their interviews. Predetermined follow-up questions were then asked by the councilors. Because this process represented a slight departure from that of previous years, council feedback on whether this was an effective format is requested. \\Cesrv500\cc support\CMO\2011 Council Agendas\M110620\S110620B.doc Role of advisory groups in making recommendations for appointment Additionally, questions have been raised about the appropriate roles of advisory groups and of their incumbent members in making recommendations to the Mayor and council on selection of applicants for interviews and appointments. Several advisory groups have a practice of “weighing in” on these council decisions. The council binders this year contain not only applications, but templates with information on each group’s purpose, current focus, number of openings, and the knowledge, skills and abilities considered essential for effectiveness. These templates are intended to provide relevant information to help the council, and serve as an alternative or addition to recommendations for or against any particular individuals. Communication with Boards, Commissions and Committees During the discussion at a listening session with members of the Human Rights Commission on May 18, several participants suggested the need to define a more formalized process for both the council to communicate work and research requests to boards and commissions and for the commissions to bring emerging issues to the council’s attention. The council and advisory group members (including boards, commissions and neighborhood associations) have all expressed a desire to strengthen communications. Annual report and work plan sessions currently occur for the Planning Commission, Civilian Review Board, Sustainability Commission, Human Rights Commission, and Police Commission. Regular work plan sessions are not planned for the Toxics Board and Budget Committee, although the council meets regularly with the latter during budget season. Formal communications to obtain updates and provide direction for Eugene’s members on intergovernmental committees are not established, but the council’s new committee reports structure offers a way to share more information. Advisory groups provide a valuable way for community members to influence City policies and practices. While annual reports and work plans offer one way for standing advisory committees to check in with the council on their direction and approach, the feedback loop may not always support full and timely consideration of issues and concerns. Additional, informal options include: -Advisory group written and oral testimony before the council. -Sharing information through the council newsletter and in the weekly packet. -Written progress reports from advisory groups to the council. -More frequent work sessions on particular topics. Recording and Webcasting BCC Meetings State of Oregon law requires that public notice be provided at least 24 hours in advance of meetings and that meeting records be maintained for public bodies. State law requires sound, video or digital recording or written minutes of meetings for City of Eugene advisory groups. At a minimum, the record of the meeting must include the name of the group; date, time and location of meeting; names of advisory group members in attendance and absent; a reference to any document discussed at the meeting, and decisions, recommendations and actions. Meeting records are made accessible through the City website, and can be provided in alternate formats. At this time, the City’s advisory groups have a wide range of meeting records. Examples: Planning & Development Department staff video-records Planning Commission meetings and posts to the City website, and audio-records Historic Review Board meetings. Official written minutes are not \\Cesrv500\cc support\CMO\2011 Council Agendas\M110620\S110620B.doc maintained. The Toxics Board maintains detailed, written minutes, which are posted when approved to the City’s public website page for the board. The Human Rights Commission has somewhat detailed written minutes and also audio-records meetings and makes those recordings available on request. The McNutt Room is equipped for webcasting. Staff is working to resolve issues with similar equipment in the Bascom-Tykeson Room of the Eugene Public Library. Outfitting the Sloat Room in the Atrium Building for similar capabilities is estimated at $35,000-50,000. The cost for contracting with LCOG Metro TV to post meetings to the City website, live or post-meeting, ranges from $240 to $460 per meeting. Closed-captioning for the recording is an additional $110 per hour. Initiatives are underway to enhance video capability for the entire City organization, and to provide departments with resources to perform some level of audio- and video-recording and storage for advisory groups. Council feedback is invited on the use of multiple formats – written, audio, video, storage accessibility – and reach of these technologies to include subcommittees and task teams. RELATED CITY POLICIES Elements of this item relate to the council goal of “effective, accountable municipal government.” COUNCIL OPTIONS The council may provide input and direction for staff follow-up on the issues discussed. No formal action is anticipated. CITY MANAGER’S RECOMMENDATION No recommendations are offered by the City Manager. SUGGESTED MOTION No suggested motions are offered by the City Manager. Motions may be made to approve all or some of the proposed changes to the City Council Operating Agreements. ATTACHMENTS A. Boards and Commissions Matrix B. Operating Agreements (showing proposed changes) FOR MORE INFORMATION Staff Contact: Keli Osborn Telephone: 541-682-5406 Staff E-Mail: keli.m.osborn@ci.eugene.or.us \\Cesrv500\cc support\CMO\2011 Council Agendas\M110620\S110620B.doc ECCOA UGENE ITY OUNCIL PERATING GREEMENTS RN4930 ESOLUTION UMBER AF25,2008 DOPTED EBRUARY INTRODUCTION The Municipal Charter of the City of Eugene (Charter) and Eugene City Code, 1971 (E.C.), as well as the Oregon Revised Statues (ORS) law govern many meeting requirements and actions of the Council. The Eugene Charter, Chapter 2 of the Eugene City Code, and various sections of ORS 192 and 244 are primary sources of these meeting and other operating requirements. 1.MEETING REQUIREMENTS 1.01 Time of Meetings Regular meetings of the Eugene City Council (the Council) shall be on the second and fourth Mondays of each month. These meetings shall begin at 7:30 p.m. and shall end at 10 p.m., or when the agenda item considered by the Council at 10 p.m. is concluded. If those days are on a legal or religious holiday, the Council may schedule the meeting for the day immediately following. 1.02 Work Sessions The Council may meet in work sessions beginning at 5:30 p.m. prior to its regular Monday meetings as needed. Other work sessions may be held on the second, third, fourth, and fifth Wednesdays of the month. These work sessions shall start at noon and last for a maximum of 90 minutes. Except for extraordinary circumstances, the total time for presentations by staff and/or others on a single agenda item shall be no more than 15 minutes. 1.03 Location of Meetings Eugene City Council meetings shall be held within the jurisdictional boundaries of the City. Training sessions may be held outside the City limits, if no deliberations toward a decision are made. Inter-jurisdictional meetings may be held outside City limits, but should be as close to City Eugene as practical. No Council meeting shall be held at any place where discrimination on the basis of an individual’s race, religion, color, sex, national origin, ethnicity, marital status, familial status, age, sexual orientation, source of income or disability, is practiced. For this purpose, meetings do not include visitations or attendance at any national, regional, or state association to which the councilor belongs. 1.04 Notice of Meetings, Special Meetings, Emergency Meetings Advance notice of at least 24 hours shall be provided for all meetings. Notice shall include written notice to all news media which requested notice. In the case of emergency or when a state of emergency has been declared, notice appropriate to the circumstances shall be provided and reasons justifying the lack of 24-hour notice shall be included in the minutes of such meeting. As per both the Eugene Charter, Section 9, and Eugene Code, Section 2.007 (2), the Mayor or three of the members of the Council, may call a special meeting of the Council in manner provided in E.C. 2.007 (3). Eugene City Council Operating Agreements – June 2011 Page 1 of 20 1.05 Public Forum A public comment period generally shall be the first item of every regular meeting of the Eugene City Council. The Public Forum shall not exceed a maximum of 60 minutes, unless a majority of Councilors present vote to extend the time. A motion to extend the time of the Public Forum is not debatable. five Persons wishing to speak at the Public Forum must sign up to do so not later than 5 minutes after the meeting has been called to order by the Mayor or presiding officer. The Mayor or presiding officer shall inform the audience of the requirement to sign up to speak not later than 5 five minutes after the meeting has been called to order or prior to the conclusion of the Public Forum. Members of the public may speak about any topic during the Public Forum, except as provided below. If a member of the public wishes to speak on an item that is scheduled for a public hearing at that same meeting, the speaker shall wait until that public hearing. The Public Forum cannot be used to testify about an item that is not a public matter or which has already been heard by a Hearings Official, or to provide or gather additional testimony or information on a quasi-judicial matter after the official record has been closed. Speakers at the Public Forum will be limited to three minutes. Generally, the speakers will be called upon in the order in which the “request to speak” forms are received by the staff at the meeting. No persons will be allowed to complete a “request to speak” form more than 30 minutes prior to the start of the meeting. Should there be more speakers than can be heard for three minutes each during the 60 minute Public Forum, the staff will sort the “request to speak” forms in order to afford a greater opportunity for a number of topics to be heard during the Public Forum. If there are a large number of speakers on a single topic, staff is directed to intermix request to speak forms from persons wishing to speak on a less stated topic. The “request to speak forms,” in this case only, will not remain in the original order in which they were received in order to improve the likelihood that those smaller numbers of speakers will have an opportunity to speak before the Public Forum is closed. When possible and feasible, preference will be given to individuals who reside within the legal limits of the City of Eugene. Persons who do not reside in the City of Eugene may be placed at the end of the list of those wishing to speak at the Public Forum. At the end of the Public Forum each member of the Council has the opportunity to respond to comments made during the Public Forum. The time allocated to each member of the Council for such responses shall be up to three minutes. 1.06 Public Hearings generally on the third Monday of the month, Public hearings shall be held at regular meetings except for those months during which a Council break occurs,be held and shall occur for all ordinances except under the terms delineated in E.C. 2.007 (4). Hearings may be scheduled on other items at the discretion of the Mayor and the City Manager. Persons wishing to speak shall Eugene City Council Operating Agreements – June 2011 Page 2 of 20 submit a “request to speak” form prior to the commencement of the public hearing at which the person wishes to speak. The Mayor or presiding officer shall inform the audience of this requirement to sign up prior to the commencement of a public hearing. Speakers will be limited to three minutes. Eugene Code 2.015(7) notwithstanding, councilors may ask clarifying or follow follow- up questions of individuals providing testimony after that individual has completed his/her testimony. Questions posed by City Councilors should be to provide clarification or additional information on testimony provided. Questions should not be used as an attempt to lengthen or expand the testimony of the individual. Councilors shall be expected to use restraint and be considerate of the meeting time of the Council when exercising this option. The Mayor or presiding officer may intervene if a councilor is violating the spirit of this guideline. At the end of the Public Hearing, each member of the Council has the opportunity to comment on or discuss testimony given during the Public Hearing. The Mayor and Council will be limited to commenting only on the main motion prior to discussing any proposed amendments. If a an amendment to the motion is made during the initial round on the main motion, subsequent remarks on the amendments will be postponed until all wishing to speak on the main motion have done so. 1.07 Executive Session All meetings of the Council shall be held in open session, except those meetings that may be closed for those purposes specified in the Oregon Attorney General’s Public Records and Meetings Manual (ORS 192.610 to 192.690). These include the employment or dismissal of council’s employees public employees, performance evaluation of the City Manager , labor negotiations, real property transactions negotiations, and consulting with legal counsel on pending or threatened litigation. Notice of executive sessions shall be given as required by state law and that notice must state the specific provisions of law authorizing the session. The Mayor and City Councilors are expected to maintain the confidentiality of the information discussed in legally noticed and conducted executive sessions as defined in Chapter 192 of the Oregon Revised Statutes. 1.08 Minutes City Written minutes shall be taken for all Council meetings in accordance with the Oregon Attorney General’s Public Records and Meetings Manual. The minutes must give a true reflection of the matters discussed but need not be a full transcript, verbatim or recording. As a matter of a courtesy and efficiency, councilors should notify the Mayor and other councilors that he/she intends to propose an amendment to the minutes and should propose replacement text in advance of the meeting at which those minutes are scheduled to be approved. If the proposed amendment is a simple factual, grammatical, or spelling correction, the amendment may be proposed without consulting the minutes recorder. If, however, the proposed amendment is substantive in nature or seeks to clarify the speaker's intent, or to expand his/her remarks for the record, the councilor should notify the minutes recorder and request verification of the proposed amendment. 1.09 Voting Eugene City Council Operating Agreements – June 2011 Page 3 of 20 Section 12 of the Eugene Municipal Charter states that the Mayor only votes on matters before the Council in the case of a tie. Council members may not abstain from voting unless a conflict of interest has been declared. 1.10 Presiding Officer City The Mayor shall preside over Council meetings when present. The president of the Council shall preside if the Mayor is absent or unable to preside. The Council vice president shall have the powers of the Council president when the Council president is performing the duties of the Mayor. If the Mayor, Council president, and vice president are unavailable, the Council members present shall elect a temporary presiding officer. 1.11 Council Officers one- Council officers shall be elected for one year terms in the manner prescribed in the E.C. 2.009, at the first regular meeting in each calendar year. PLACING ITEMS ON COUNCIL AGENDA 2. 2.01 Contact the City Manager Contact the City Manager and explain the nature, scope and desired outcome of the item for the agenda, or make the request during a City Council meeting under “Items from Mayor and City Council” at a Council work session. The City Manager and Mayor may then decide to place the item on a future agenda. 2.02 Council Poll Alternatively, an item may be placed on the Council agenda by councilor request. A councilor may ask Council support staff for a work session, and staff shall then poll all councilors, in writing, to ask if the item should be placed on the Council agenda. If, within five working days of distribution of the poll, a majority of the Council responds in the affirmative, the item shall be placed on the Council agenda within one week. A majority of the Council in this instance is four councilors. 2.03 Tentative Agenda on the Consent Calendar Tentative At each regular meeting of the Council, the City Manager shall present the tentative Agenda . This shall be placed on the Consent Calendar. If there are concerns about items on the Tentative Agenda, it may be removed at the request of any councilors from the Consent Calendar and discussed separately. 2.04 Tentative Agenda Provided Each Week The Tentative Agenda shall be included in the weekly information packet provided to the Council. 2.05 Scheduling of Items on the Agenda The City Manager and Mayor shall decide the date that items come before Council for work sessions and for regular meetings. 2.06 Routine Business Items on the City Council Agenda The City Manager shall continue to place routine and standard items of Council business on the City Council agenda. Eugene City Council Operating Agreements – June 2011 Page 4 of 20 ORDER OF ITEMS ON A SPECIFIC DATE MEETING AGENDA 3. 3.01 Ceremonial Matters At the first regular meeting of each month, the first agenda item shall be used to acknowledge special recognition or awards given to the City of Eugene or for the Mayor to read proclamations which serve to encourage and educate the community. Proclamations shall be made and placed on the agenda at the discretion of the Mayor. This item shall be called “Ceremonial Matters.” Requests for recognition under Ceremonial Matters should be submitted in writing to the Mayor. 3.02 Consent Calendar City At regular Council meetings, in order to expedite the Council’s business, routine and standard items shall be placed on the Consent Calendar. Any item on the Consent Calendar may be removed for separate consideration by any member of the Council. Revisions or corrections to meetings minutes shall be considered first, prior to other items removed from the Consent Calendar. The remaining items on the Consent Calendar may then be considered for action by a single vote. The items pulled from the Consent Calendar shall be considered after the approval of the remainder of the Consent Calendar and before the next scheduled item on the agenda. Ordinances, because of charter requirements, are not to be placed on the Consent Calendar. 3.03 Public Hearings Given Priority As a guideline, public hearings shall be placed on the specific meeting agenda before items only requiring action. Further, public hearings expected to draw a small number of speakers shall be placed before public hearings for which a larger number of speakers is expected. 3.04 Committee Reports and Items from Mayor and City Council and City Manager At work sessions held on the second and fourth Mondays of each month, the first item on the Committee Reports andof InterestCity agenda shall be “ Items from Mayor, Council and City Detailed reports on committee assignments will be given quarterly, with these Manager.” reports rotating according to a pre-determined schedule and occurring at the first Monday work session of each month; the time set for this item will be 60 minutes. General reports will be given during the second Monday work session;30 the time set for this item will be 20 The times allotted for “Items” is minutes. subject to change at the time the meeting is called to to accommodate emerging issues order. COUNCIL ACTION ON AGENDA ITEMS 4. As a guideline, action on issues for which a public hearing has occurred shall not be taken at the same meeting at which the public hearing is held. In the case of an ordinance, the charter requires that an ordinance shall not be adopted by the Council unless it has been considered by the Council during at least two meetings. With the unanimous consent of the Council, the Council may consider and enact an ordinance at a single meeting if the Council does not amend the ordinance in a manner that modifies its substantive effect (Charter, Section 28 (3)). POSTPONING AGENDA ITEMS 5. Any councilor may request that an item be postponed to another meeting if he/she is unable to Eugene City Council Operating Agreements – June 2011 Page 5 of 20 attend the meeting at which the item has been scheduled. As a courtesy, councilors should submit in writing a request to postpone to the Mayor as early as possible. If the Mayor is unavailable the request should be made to the City Manager or the Manager’s designated staff member. A request to postpone may be requested for either a work session item or a vote on an agenda item. The request to postpone shall be honored unless a majority of councilors present determines that the matter needs to be acted upon at that meeting. COMMITTEES OF THE COUNCIL 6. 6.01 Creation of Committees While the City Code governs appointments to certain committees, the code grants broad general City powers to the Mayor and Council to create subcommittees or special ad hoc committees of the Council. The Mayor shall nominate and the Council shall appoint the members of any committee established by the Council unless a different procedure is specified at the time the committee is established. The charge to the committee shall be clearly stated at the time the committee is established, and the committee shall disband when its work is complete. Committees may be composed of councilors, interested citizens or both. 6.02 Standing Committees of the Council There is one standing committee of the Council, the Intergovernmental Relations Committee. 6.03 Standing Advisory Bodies to the Council seven There are five standing advisory bodies to the City Council. These are created in the They Eugene Code and exist to provide advice on policy matters. These are: 1) the Budget Committee; 2) the Planning Commission; 3) the Police Commission; and 4) the Human Rights ; 5) Sustainability Commission; 6) Civilian Review Board; and 7) Toxics Board. Commission 7. CONDUCT AT MEETINGS 7.01 Roberts Rules of Order City Conduct at Council meetings and committee meetings is governed by Roberts Rules of Order, Revised. The Council has the obligation to be clear and simple in its procedures and in its consideration of the questions coming before it. Council members shall avoid invoking the finer points of parliamentary rules which may serve only to obscure the issues. 7.02 Other Meeting Guidelines The presiding officer shall be responsible for ensuring order and decorum are maintained. City Behavior or actions that are unreasonably loud or disruptive shall be cause for removal from Council meetings. This includes engaging in violent or distracting action, making loud or disruptive noise or using similar language, and refusing to obey an order of the presiding officer. Council members speak only for themselves and shall be open, direct and candid. They work to keep discussion moving, and call for a “process check” if the discussion becomes bogged down. Time limits may be set on topics. When councilors speak to each other during public meetings, last names shall be used during but regular meetings and first names may be used during work sessions. The Mayor is, however, always referred to as “The Mayor.” Eugene City Council Operating Agreements – June 2011 Page 6 of 20 During public meetings, councilors generally should not attempt to edit or rewrite prepared ordinances. Amendments to an ordinance may, however, be appropriate. Generally, councilors should give direction to staff to bring back amended ordinances for Council consideration. If a member of the Council intends to make a motion at a meeting which is not reflected in the made agenda item summary, every effort should be make to contact other members of the Council to inform them of the intent and the text of the motion. City Council support staff should be notified provided with the same information and may be asked to assist in the notification process. City Comment times for the Mayor and councilors at Council meetings or work sessions shall be as follows: the first round of comments by the Mayor and Council following a work session, generally public hearing, or when action is scheduled will be limited to no more than three At the discretion of the Mayor or presiding officer, second and subsequent rounds minutes. may be limited to ensure that everyone has an opportunity to be heard in the time allotted for the item. If a second round of comments is requested, they will be limited to no more than two minutes, and third round comments will be no longer than one minute. This, however, will be at the discretion of the Mayor or presiding officer. When an amendment to the main motion is introduced, comments will be limited to two minutes for the Mayor and Council until the presiding officer deems that one-minute limitations are necessary due to time constraints. 7.03 Public Conduct The rules of conduct for members of the public shall generally be the same as for the Council. The flags, signs, posters, and placardsCity Code prohibits any person from bringing to a Council meeting flags, signs, posters, and placards unless authorized by the presiding officer. The Eugene Code specifically permits arm bands, emblems, badges, and other articles worn on personal clothing, so long as such items do not extend from the body in such a way as to cause injury to another. COUNCILOR REQUEST FOR STAFF ASSISTANCE 8. 8.01 Two-Hour Rule Initiatives requiring more than two hours of staff time must be approved by the Council. Requests that involve less than two hours staff time or resources should be directed to the City Manager. 8.02 Major Request A Councilor who desires major policy, ordinance research, or other staff assistance should first City raise the issue at a Council work session. The Council should decide whether to proceed with the issue or ordinance before staff time is spent. 8.03 Tracking Council Requests Except for routine inquiries, the City Manager shall respond to councilors’ requests for information or assistance. The Manager shall assign these requests to appropriate City staff and track progress on the assignments. This process eliminates the possibilities of staff members Eugene City Council Operating Agreements – June 2011 Page 7 of 20 duplicating each other's efforts or a request being overlooked. In each weekly information packet a list of current requests for assistance will be provided. 9. REPRESENTING CITY POSITIONS AND PERSONAL POSITIONS 9.01 Written Communications from City Councilors and Mayor In written communication with other officials or groups and in letters for publication, such as “to the editor,” the Mayor and councilors should be careful to decide whether to speak only for themselves or for the Council. In speaking for the Council, when there is a position which the writer wishes to reinforce or explain, it is useful to circulate a copy to the Council for comment before the letter is mailed. Letters to other elected officials or agencies on City issues shall be discussed with the appropriate staff so that the City lobby effort can be coordinated. When writing as an individual, a councilor or the Mayor is free to take any position which he or she feels is appropriate. When it is a point of view different from a Council position, this fact should be included in the letter. Use of City stationery and choice of pronouns shall be left to the discretion of the councilor or the Mayor. The governing principle is to advise the Council or staff when expressing a City position, and to make differences clear when speaking as an individual. 9.02 State/Federal Lobbying The effectiveness of City lobbying in Salem or in Washington, D.C. depends on the clarity of the City’s voice. When councilors or the Mayor represent the City in a lobbying situation, it is appropriate that the councilors or the Mayoravoid expressions of personal dissent from an adopted Council policy. This policy is stated in Resolution No. 4139, Council Policy on Testimony and Funding Applications. A councilor or the Mayor in disagreement with an adopted policy should not be deprived of the right to express such views to the appropriate officials at another time and another place. However, the councilor or the Mayor should feel bound to advise those to whom such disagreement is expressed that it is an individual view and that the Council has taken a different position. 9.03 Attending Conferences, Other Meetings Councilors and the Mayor are encouraged to attend conferences and training sessions which would enhance their skills and knowledge. Any councilor or the Mayor may attend any meeting at which the Council is represented, but only the formally appointed official City Council representative or designated alternate, has the right to vote on matters being considered by the organization or group holding the meeting or conference. Individual councilors or the Mayor may state he or she is representing the City Council if he or she has been formally directed by the City Council to do so. For local intergovernmental bodies or advisory groups to which an official Eugene City Council representative has been appointed, the representative is to serve as an “instructed delegate;” that City is, to represent pertinent adopted city and Council policy. If possible, the Mayor or Eugene City Council Operating Agreements – June 2011 Page 8 of 20 councilors should inform the other members of the City Council of the matters being considered by intergovernmental bodies, and to the greatest extent possible, seek direction from the City Council on issues directly pertaining to the City of Eugene and adopted city policy. The representative may express his or her own opinion, provided it is identified as such, but when voting or considering matters with policy implications or budgetary considerations, the City representative must follow adopted City or Council policy and direction. Participating in state and national groups such as the League of Oregon Cities and the National is an League of Cities presents the opportunity to enhance skills and knowledge, and are important avenue for the Mayor and councilors to advocate for the members of the community and the city itself. If the Mayor or councilors attend meetings of these organizations, an official voting delegate should be selected by the City Council. This voting delegate, to the greatest extent possible, informs the Mayor and City Council of issues or matters on which the voting delegate may be asked to vote. If there is existing City or Council policy, the voting delegate will vote in accordance with that policy. When providing a report to the council (see Section 10.06), votes of the delegate should be included in that report. If the Mayor or individual councilor serves on a committee of a state or national advisory committee and has been selected in an “at large” role, that is, not a specific seat or position for a City of Eugene elected official, that person should state the adopted City or Council policies. However, that person is not bound by the adopted policy and can represent his or her own position, provided that the person makes such a disclaimer. 10. COUNCILOR EXPENSES 10.01 General Guidelines for Reimbursed Expenses Under the provisions of the City Charter, the City may pay a councilor or the Mayor expenses that are directly related to City business. It is each councilor’s and the Mayor’s responsibility to determine if expenses are actually City related. If there are questions about the propriety of such expenditures, the Manager shall first review the issue with the councilor. If the City Manager and the councilor cannot resolve the issue, the Manager shall discuss the matter with the Mayor. City Receipts should be secured for any expenses and should accompany Council expense report forms to record mileage and other expenses. The forms shall be available from the City Manager's Office. Activities that support or oppose a political campaign shall not be reimbursable. 10.02 Out-of-Town Expenses Out-of-town expenses include those incurred while attending City-related conventions, conferences, training seminars, or meetings. Expenses that are paid by the City include fees for seminars or conferences; transportation to, from, and at the destination; and lodging, meals, and incidental expenses that are necessary to conduct City business. 10.03 Local Expenses Local expenses include those incurred while representing the Council on a committee, attending meetings, attending local seminars or conferences, attending local special events, or meeting with Eugene City Council Operating Agreements – June 2011 Page 9 of 20 groups or individuals to discuss City matters. Expenses that are paid by the City are detailed in Resolution No. 4375 and include meals, conference registration, transportation and necessary incidental expenses, and up to two community group memberships, not to exceed $100 total. The reimbursement for bicycle mileage, as permitted in Resolution No. 4375, shall be $.15.1 per mile as of September 1, 2002, and shall be adjusted each year at the same rate of increase as that of automobile reimbursement. Special materials such as books or directories may also be eligible for reimbursement. If receipts are not available, a written description of expenses signed by the Councilor must be submitted along with the Council Expense Report Form. Forms shall be available from the City Manager’s Office. 10.04 Spouse/Guest Expenses The City shall reimburse councilors or the Mayor for spouse expenses at local events when the councilors or the Mayor and spouse are jointly invited and the councilors are serving in their official capacity, such as a recognition dinner. The City does not otherwise reimburse councilors or the Mayor for expenses incurred by their spouses. If councilors or the Mayor wish to have spouses accompany them while attending out-of-town events, the City may make reservations and have travel and lodging expenses billed directly to the City. Councilors or the Mayor must then reimburse the City for their spouse’s travel and lodging expenses. Reimbursement should be made as soon as possible so that the trip reconciliation process can be completed. When a guest is invited in place of a spouse, this reimbursement policy shall also apply. 10.05 Petty Cash Expenses under $50 can usually be reimbursed out of the petty cash fund in the City Manager’s Office. 10.06 Travel Guidelines Prior notification of out-of-town travel shall be given to staff responsible for travel arrangements in the City Manager’s Office whenever possible. Registration and travel arrangements should be made well in advance so that the City can take advantage of reduced fares and early registration fees. Staff shall assist councilors in making transportation and lodging arrangements and arrange to have expenses billed directly to the City; contractors shall be chosen by staff, and not by councilors. While at a conference, councilors or the Mayor shall be expected to attend conference sessions and, within 30 days, issue a written report to share the information and perspectives with the City entire Council. If more than one councilor attends, a consolidated report may be written. As a general guideline, each councilor is allowed two out-of-state conference trips per fiscal year. If a councilor wishes to make additional trips, the request should be brought to attention of the full Council and should be endorsed by a majority of the Council. This guideline is intended to cover trips made at the discretion of the individual councilor; it is not intended to be applied to trips related to service on national or regional committee, such as a committee of the National League of Cities. Eugene City Council Operating Agreements – June 2011 Page 10 of 20 10.07 Overseas Travel If the Mayor or members of the Council wish to attend a conference or make a Council business- related trip to a destination overseas, this request shall be made in writing well in advance and shall be placed on the Consent Calendar for approval by the Council. 11. ETHICS 11.01 Reporting Requirements in ORS In accordance with ORS 244.050, the Mayor and all councilors holding office on April 15 shall be required to file an Annual Verified Statement of Economic Interest with the Oregon Government Standards and Practices Commission on or before that date. The report must be filed on the form prescribed by ORS 244.060. Each year the form shall be mailed directly to the elected official by the Commission and should be returned directly to the Commission in Salem. Failure to submit the form by the April 15 deadline may result in the imposition of a civil penalty and/or removal from office. 11.02 Local Code of Ethics The Charter requires that a code of ethics be enacted. This local code, found in the Eugene Code, places additional conflicts of interest requirements upon elected officials and creates a local process for filing complaints. 12. COUNCIL CHAMBER AND MCNUTT ROOM SEATING ASSIGNMENTS The Council shall be assigned seats in January, following the election of the Council president and vice president. The Mayor is always seated at the center position with the Council president seated at the Mayor's right and the Council vice president seated at the Mayor’s left. in The remaining councilors in alphabetical order by last name shall be assigned seats alphabetical order by last name. When the Council returns after each Council break, each person moves one seat toward the outside and to the opposite side of the table or dais; those on inoutermost seats the outside move to the innermost seats on the opposite side. This system allows councilors the opportunity to regularly change seats throughout a four-year term. Below is a detailed listing of the seating sequence. JANUARY Mayor President Vice President Councilor A1 Councilor B2 Councilor C3 Councilor D4 Councilor E5 Councilor F6 APRIL Mayor President Vice President Councilor F6 Councilor E5 Councilor B2 Councilor A1 Eugene City Council Operating Agreements – June 2011 Page 11 of 20 Councilor D4 Councilor C3 SEPTEMBER Mayor President Vice President Councilor C3 Councilor D4 Councilor E5 Councilor F6 Councilor A1 Councilor B2 Eugene City Council Operating Agreements – June 2011 Page 12 of 20 CCCIR ITY OUNCIL OMMITTEE ON NTERGOVERNMENTAL ELATIONS OA PERATING GREEMENTS ACCJ28,2008 DOPTED BY THE ITY OUNCIL ON ANUARY 1. Purpose of Council Committee on Intergovernmental Relations The Council Committee on Intergovernmental Relations (IGR Committee) exists to make recommendations to the City Council on State and Federal legislative issues and on City applications for funding from outside agencies. At this time it is the only standing committee of the City Council. 2. Membership The IGR Committee consists of three City Council members. The three IGR Committee Council members are appointed annually by the Mayor in the normal course of appointments to various boards and commissions on which City of Eugene elected officials serve. The Mayor will appoint members that represent the City Council’s political and ideological diversity. The Mayor serves as an ex-officio member of the IGR committee. 3. Committee Chair The IGR Committee shall elect a chair of the committee at the first regularly scheduled meeting after the Mayor has appointed the members to the IGR Committee. 4. Conducting the Business of Meeting IGR Committee meetings are governed by Roberts Rules of Order, Revised. Like the City Council, the IGR Committee has the obligation to be clear and simple in its procedures and in its consideration of the questions coming before it. 5. Meetings The IGR Committee meets as needed and generally meets more frequently when the Oregon Legislature is in session. Meetings of the IGR Committee are subject to the requirements of Oregon Public Meetings Law, ORS 192.620. The meetings shall be held within the jurisdictional boundaries of the City. No IGR Committee meeting shall be held at any place where discrimination on the basis of an individual’s race, religion, color, sex, national origin, ethnicity, marital status, familial status, age, sexual orientation, source of income or disability, is practiced. Advance notice of at least 24 hours shall be provided for all meetings. Notice shall include written notice to all news media that requested notice. Eugene City Council Operating Agreements – June 2011 Page 13 of 20 6. Quorum Two members of the IGR Committee constitute a quorum for the transaction of Committee business. Other members of the City Council may attend meetings of the IGR Committee, but shall have no authority or status to vote on matters considered by the IGR Committee during that meeting. Unanimous votes of the IGR Committee require 3 votes, not 2 votes, should an IGR Committee member be absent. An IGR Committee member may designate the Mayor to serve as an alternate in the member’s absence. 7. Minutes Written minutes shall be taken for all IGR Committee meetings in accordance with the Oregon Attorney General’s Public Records and Meetings Manual. The minutes must give a true reflection of the matters discussed but need not be a full transcript, verbatim or recording. 8. Process for Sessions of the Oregon Legislature The Regular Session of the Oregon State Legislature convenes in January of odd numbered years, with a Special Session convening in January of even numbered years. The Regular Session generally lasts for six months with the Special Session lasting for two months. In February 2008, the Oregon legislature convened a Supplemental Session in lieu of the Special Session, lasting for only one month. Supplemental Sessions may be held in subsequent even numbered years. Preparation for the Regular Session is begun by IGR staff who meet with the members of the IGR Committee and other City departmental staff to outline legislative policies and concepts for the upcoming session based upon City Council goals, priorities, community needs and organizational issues. These concepts, after being vetted by staff and the IGR Committee, are then submitted to the full City Council for review and approval. Once the concepts are approved, they become the basis for the Legislative Policies document that serves as the cornerstone for position and lobbying efforts on particular pieces of legislation during the session. The Legislative Policies document includes principles and precepts that will help determine the city position on bills. The City of Eugene first adopted a formal set of legislative policies prior to the 1985 session recognizing from past sessions that many staff recommendations were repeated from session to session and that a great percentage of a session’s legislative proposals could be anticipated. 9. Process for Introducing Legislation The City may wish to introduce legislative concepts on its behalf to the legislature. The IGR Committee meets and reviews all proposals for legislation prior to submittal to the Legislature.  Any City staff or elected official interested in introducing legislation prepares a written overview of the purpose of the legislative concept and draft language for review by the IGR Committee. Once the IGR Committee has voted on proposed legislative concepts, the action of the IGR approval. Eugene City Council Operating Agreements – June 2011 Page 14 of 20 After the proposed legislative concepts have been reviewed and approved by the full City Council, legislative concepts that have been approved are presented to the Legislature for drafting. The bill, as introduced, is then presented to the IGR Committee under the regular bill review process. 10. Process for Review and Prioritization of Legislation The Legislative session is relatively short and as a result, bills can move quickly through the legislative process. Regardless, the City will maintain a neutral position on any bills not yet reviewed by City staff and acted upon by the IGR Committee. Review by City staff:  Once the bills are introduced, they are assigned by an IGR staff person to the appropriate LC for review.  Legislative Coordinators (LCs) in the appropriate City department analyze all introduced bills that are of interest to or may affect the City. LC staff is determined by each Department.  LC staff turnaround for review and analysis of a bill is expected to be within 10 working days of the assignment of a bill unless the movement of a bill warrants a faster turn- around. In those cases, IGR staff will contact the LC and arrange for a faster review.  If a bill addresses one or more of the policies presented in the Legislative Policies for that session, the particular policy is noted in the LC staff’s analysis of the bill.  LC staff will relay both the pros and cons of a bill in their comments as well as any amendments that would make the bill more favorable.  LC will assign each bill a priority and a recommendation. Legislative advocacy is done on the basis of a priority and recommendation system. LC staff recommends a “support,” “oppose,” “neutral,” “monitor,” or “drop” recommendation for all reviewed bills. LC staff also recommends a priority of 1, 2, or 3 on all reviewed bills. The three priority assignments for legislative bills are as follows: PRIORITY ONE BILLS – The issues addressed by the bill areidentified in the City’s Legislative Policies document. The bill would have a significant impact on City operations, services, or finances in such ways as to fundamentally impact department administration, organization, personnel, allocation of City resources, or local decision-making, either negatively or positively. The issues addressed by the bill are of significant interest to the City even if they do not directly impact the operations, services, or finances of the City. Lobby Resource Allocation: Both IGR staff in Salem work on the bill, with a high support level from the legislative coordinator(s) assigned to the bill. The Mayor and/or Council members may testify before committees, possibly with both IGR staff and/or a legislative coordinator. IGR staff contacts all or close to all members of all committees the bill is assigned to. Depending on topic and recommendation, IGR staff will also contact as many legislators as possible prior to public hearings or work sessions. In the event of a floor vote, IGR staff contacts as many legislators as is possible in the 2-5 day period between committee passage and the floor vote. Handouts would be placed in the Capitol mailboxes of all legislators prior to a floor vote. Eugene City Council Operating Agreements – June 2011 Page 15 of 20 PRIORITY TWO BILLS – The issues addressed by the bill are identified in the City’s Legislative Policies document. The bill would have some impact, although manageable, on City operations, services, or finances and would impact administration, organization, personnel, allocation of City resources, or local decision-making, either negatively or positively. The issues addressed by the bill are of high interest to the City even if they do not directly impact the operations, services, or finances of the City. Lobby Resource Allocation: IGR Staff in Salem work closely with legislative coordinators. If the bill is a City specific issue, IGR will testify, with a legislative coordinator if necessary. This, may necessitate the involvement of an executive or expert department staff or the Mayor and/or Council members. If it is an issue less specific to the City, written testimony will be offered. IGR staff will contact members of the bill’s committee prior to a bill being passed out of committee. In the event of a floor vote, IGR staff will submit letters to all legislators and try to contact as many of them as possible, starting with our delegation first, and then to legislators we suspect might be “swing votes.” PRIORITY THREE BILLS - The issues addressed by the bill are alluded to in the City’s Legislative Policies document or included in other policy document or direction. The bill would have a slight impact on City administration, operations, or services, with potential implications for City finances, either negatively or positively. The bill requires tracking because amendments could elevate bill to Priority One or Priority Two. The issues addressed by the bill are of slight interest to the City even if they do not directly impact the operations, services, or finances of the City. Lobby Resource Allocation: Depending on recommendation, IGR staff contacts committee members from local delegation, as well as the committee chair or submits written testimony or letter to proper committee, with no further involvement. In the event of a floor vote, IGR staff will submit letters to all legislators. Review by the IGR Committee:  The bill is placed on the IGR Committee agenda for review as soon as possible after all applicable staff has commented on the bill.  The IGR Committee meets and reviews all bills on the IGR Committee agenda and may pull any or all bills off the agenda for discussion.  Any LC staff that has reviewed and commented on a bill that is pulled for discussion will be prepared to discuss the bill at the IGR Committee meeting.  If a bill is not pulled for discussion, the staff recommendation stands. If a bill is pulled for discussion, the IGR Committee may keep or change the staff recommendation. The IGR may also direct that IGR staff work to amend a bill.  The IGR Committee votes on all bill priorities and recommendations; the votes need not be unanimous – with unanimous being 3 votes. The actions of the IGR Committee are presented on the full City Council’s agenda for review and approval. The minutes of the IGR Committee are ratified by the City Council. Any bill that has been reviewed by the IGR Committee may be pulled for discussion at the request of any councilor or by the Mayor. Eugene City Council Operating Agreements – June 2011 Page 16 of 20 11. Status of Positions on Bills until Final Ratification by the City Council Time demands in the Legislature may not allow for each bill on which the IGR Committee takes a position to be fully vetted by the full City Council before some type of action on the bill needs to occur. If a position the IGR Committee has taken on a bill is not unanimous, the position on that bill will be neutral until the full City Council weighs in and directs a position. The bill will then be placed on the next available City Council agenda. Although any bill that has been reviewed by the IGR Committee may be pulled for discussion at the request of any councilor or the Mayor at the City Council meeting, as a matter of practice and courtesy to the members of the Council who do not sit on the IGR Committee, any bill on which the IGR Committee is not in unanimous agreement will be specifically noted. The City Council can modify the position taken by the IGR Committee on a bill; the final direction to staff on any bill comes from the City Council. 12. Process for Federal Lobbying Efforts The IGR Committee and IGR staff address Federal lobbying priorities in concert with a number of the City’s local governmental partners. The Federal priorities begin with a review of opportunities for funding in the next Federal budget and goals that are specific to Eugene or the area. The IGR Committee meets and reviews the list of potential priority projects. Potential projects should be those projects which have already gone through the proper authorization channels and are “shovel ready” projects. Once the IGR Committee reviews the list of potential projects, the Committee develops a list of project goals that are considered to be achievable. After the proposed goals have been vetted by staff, United Front partners, and other community partners, and the IGR Committee, the priorities list is then presented to the full City Council for review and approval. The final list becomes part of the “United Front” agenda which is presented to the area’s congressional representatives, executive department staff, and other potential funding sources in Washington, D.C. The attendees on the lobbying trips typically include the Mayor, chair of the IGR Committee, and appropriate City staff. 13. Grants and Funding Applications The IGR Committee acts on staff recommendations for grant and other funding applications from outside agencies such as governmental or private entities. This process is intended to help avoid situations in which City departments may inadvertently be competing with each other for funding, and to allow the IGR Committee and City Council to review staff plans for expenditures of grant funds. City staff interested in seeking funding prepares a written overview of the funding application for Eugene City Council Operating Agreements – June 2011 Page 17 of 20 review by the IGR Committee at its next regularly scheduled meeting. If timing is critical and there is no IGR Committee meeting scheduled, the Committee may give its approval via e-mail. IGR staff will keep full and complete records of the documents related to the request for funding, the electronic notification of the request to review and the disposition of the request. In all cases the IGR Committee and City Council have authority to direct that an application not go forward or if it has already been submitted, that it be withdrawn. 14. Resolution 4908 On April 18, 2007, the City Council adopted Resolution No. 4908, “A Resolution Establishing Policy Governing City Testimony and Funding Requests, and Repealing Resolution No. 4139”. This speaks to the issue of testimony before legislative bodies, funding requests and the role of the Council in setting legislative policy. This Resolution is incorporated into this document as Attachment A. 15. City Council Operating Agreements The operating agreements of the IGR Committee are to be incorporated into the Operating Agreements of the Eugene City Council. As the IGR Committee is a subset of the City Council, any and all process and operating agreements supersede this document. All process and operating agreements of the City Council, by extension and when relevant apply to the IGR Committee. Attachment A: City of Eugene Resolution 4908. Eugene City Council Operating Agreements – June 2011 Page 18 of 20 Attachment A Eugene City Council Operating Agreements – June 2011 Page 19 of 20 Eugene City Council Operating Agreements – June 2011 Page 20 of 20